Town of Durham v. Richmond & Danville Railroad
Supreme Court of North Carolina
Civil aution, heard before Winston, J., at September Term, 1891, of Chatham Superior Court. From the judgment both parties appealed.
1Per curiam
In this case both the plaintiff and defendants appealed. Mr. Justice Burwell did not sit, and the Court is evenly divided. The appeals have now been standing on this docket four terras. Under these circumstances, following the uniform practice of appellate Courts in such cases, the judgment below stands, not os a precedent, but as the decision in this case. Marshall, C. J., in Etting v. Bank, 11 Wheat., 59; TaNEY, C. J., in Benton v. Woolsey, 12 Pet., 27, and in Holmes v. Jenison, 14 Peters, 540; Washington v. Stewart, 3 Howard, 413, 424; Chase, C. J., in Reeside v. Reeside, 8 Wall., 302;…
2Cases cited4 opinions
- Holmes v. JennisonSupreme Court of the United States · 1840
- Etting v. Bank of United StatesSupreme Court of the United States · 1826
- The CarrollSupreme Court of the United States · 1869
- Benton v. WoolseySupreme Court of the United States · 1838
3Cited by21 opinions
- City of Kalamazoo v. CrawfordMichigan Supreme Court · 1908
- Miller v. Bank of WashingtonSupreme Court of North Carolina · 1918
- Jenkins v. Suncrest Lumber Co.Supreme Court of North Carolina · 1924
- Seay v. . Insurance Co.Supreme Court of North Carolina · 1935
- Lynch v. HazelwoodSupreme Court of North Carolina · 1985
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